Patients’ right to access records of health care facility/provider relating to adverse medical incident not limited to only records pertaining to same/similar condition, treatment or diagnosis as patient requesting access.
Known as “Amendment 7,” Article X, Section 25 of the Florida Constitution guarantees patients the right to have access to any records made or received in the course of business by a health care facility or provider relating to any adverse medical incidents.
This matter involved the consolidation of two cases, in which the claimant sought review of the Third District Court of Appeal’s decision in Cedars Healthcare Group., Ltd. v. Ampuero-Martinez, 88 So. 3d 190 (Fla. 3d DCA 2011), on the grounds that it directly conflicted with the Florida Supreme Court’s decision in Florida Hospital-Waterman, Inc. v. Buster, 984 So. 2d 478 (Fla. 2008). Cedars Healthcare Group had asserted objections to Ampuero-Martinez’s discovery request regarding the production of adverse incident reports, and the trial court overruled the objection. On appeal, the district court reversed, finding that the discovery request had sought the production of adverse medical incidents which were not limited to the same or substantially similar condition, treatment or diagnosis as the patient, citing § 381.028(7)(a), Fla. Stat.
However, the Florida Supreme Court quashed the appellate decision of the Third District Court of Appeal and remanded the case for reconsideration in accordance with the decision in Buster. Specifically, the Supreme Court noted that three years prior to the appellate court’s decision, the Florida Supreme Court in Buster had declared § 381.028(7)(a), Fla. Stat. to be unconstitutional because it impinged upon the rights of the patient granted pursuant to Amendment 7.
Thus, a patient’s right of access to adverse medical incident reports is not restricted to only those records which pertain to the same or substantially similar condition, treatment or diagnosis as the patient.
Case Law Alerts, 2nd Quarter, April 2014